Question

Which of the following statements are true for the SPSC?

I. The Governor determines the conditions of service for the Chairman and members of the SPSC.

II. The SPSC is consulted on all matters related to the classification of state services and cadre management.

III. The SPSC submits an annual performance report to the Governor, which is placed before the state legislature.

IV. The SPSC’s jurisdiction can be extended to local bodies and public institutions by an act of the state legislature.

• A. Only I and III
• B. Only II and IV
• C. Only I, III, and IV
• D. Only I, II, and III

Answer 1

Answer:

C. Only I, III, and IV

State Public Service Commission (SPSC)

• Constitutional Basis: The State Public Service Commission (SPSC) is established under Part XIV of the Indian Constitution, specifically in Article 315. Similar to the UPSC at the Union level, SPSC functions for the states.

• Chairman and Members Appointment & Conditions of Service:

  • The Governor of the state appoints the Chairman and other members of the SPSC.

  • Crucially, the Governor determines the conditions of service (salary, tenure, etc.) for the Chairman and members. This aligns with Statement I.

• Removal of Chairman and Members: The Chairman or any other member can be removed by the President, not the Governor, on grounds of misbehavior, after an inquiry by the Supreme Court. This is a critical point often tested in exams.

• Functions of SPSC:

  • The primary role is to advise the state government on matters relating to recruitment for civil services and posts in the state.

  • It conducts examinations for appointments to the services of the state.

  • It is consulted on the principles to be followed in making appointments, promotions, and transfers from one service to another.

  • It deals with disciplinary matters affecting a person serving under the Government of the State in a civil capacity.

  • It is consulted on any claim by a person to be reimbursed by the Government of the State the expenses incurred in defending legal proceedings instituted against them in respect of acts done or purporting to be done in the execution of their duties.

  • Important Note: While SPSC is consulted on recruitment, promotion, and transfers, it is *not* consulted on matters like classification of services or cadre management. This makes Statement II incorrect.

• Reporting to the Governor:

  • The SPSC presents an annual report on its working to the Governor of the state. This is in line with Statement III.

  • The Governor then causes this report to be laid before the State Legislature.

  • If any part of the advice of the SPSC is not accepted, the reasons for such non-acceptance must also be laid before the State Legislature.

• Extension of Jurisdiction:

  • The Governor, on the advice of the SPSC, may by order exclude from the scope of SPSC’s functions any district or subordinate service.

  • Conversely, the State Legislature can, by law, extend the functions of the SPSC to any local authority or other body constituted by law, or to any public institution, as mentioned in Statement IV.

• Autonomy and Limitations:

  • The SPSC enjoys a degree of autonomy, but its functions can be restricted by the Governor or expanded by the State Legislature.

  • Matters related to the reservation of appointments or posts in favor of any backward class of citizens are outside the purview of the SPSC.